This article includes a list of general references, but it lacks sufficient corresponding inline citations. (September 2017) |
Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd | |
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Court | High Court of Australia |
Decided | 9 March 2000 |
Citations | [2000] HCA 11, (2000) 200 CLR 591 |
Transcripts |
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Case history | |
Subsequent actions | [2001] FCA 1603, Federal Court |
Court membership | |
Judges sitting | Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ |
Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd,[1] is a landmark Australian judgment of the High Court. The matter related to standing of third parties with no direct involvement.
The third party, a community group called Truth About Motorways, sought a writ of prohibition against Macquarie Infrastructure Investment Management Ltd to stop the publishing of a prospectus calling for investors in a new toll road proposal in Sydney. The prospectus, claimed Truth About Motorways, was misleading with regard to the number of cars that would use the road and sought an order compelling the publication of corrective advertising. Such action they claimed was misleading contrary to the Trade Practices Act 1974.[2]
The High Court was asked to determine whether the community group had standing, that is the legal right to bring the legal action.
The High Court of Australia found that a third party could have standing.
The litigation was ultimately dismissed because the community group was unable to provide security for Macquarie’s legal costs,[3] but the decision is important as it established a very wide standing in matters of the public interest.
Environment Defenders Office. "Corporations and Environmental Campaigning Fact sheet". Archived from the original on 21 October 2012. Retrieved 9 November 2012.
Robert Sheldon SC (23 September 2010). "Truth About Motorways Pty Ltd v Macquarie Infrastructure". Retrieved 9 November 2012.